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AgencyDisclosure_requirementsMEDIUM

Broker David represents both the seller and the buyer in the same transaction for a Denver condominium. Under Colorado law, what is the most accurate description of David's required disclosure obligations in this dual agency situation?

Correct Answer

A) David must obtain informed written consent from both the buyer and the seller before proceeding as a dual agent

Colorado law (C.R.S. § 12-10-403) permits dual agency — representing both buyer and seller in the same transaction — but requires the licensee to obtain informed written consent from both parties before proceeding. The CREC-approved Dual Agency Consent form must be used. Both parties must understand the limitations on the broker's ability to advocate exclusively for either side.

Answer Options
A
David must obtain informed written consent from both the buyer and the seller before proceeding as a dual agent
B
David must withdraw from representing one party, as Colorado prohibits dual agency in all residential transactions
C
David may proceed as a dual agent without additional disclosure if both parties are aware he is a licensed broker
D
David must disclose the dual agency only to the seller, since the seller is the party paying the commission

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Related Topics & Key Terms

Key Terms:

dual_agencywritten_consentagency_disclosureinformed_consentCREC_forms

Related Concepts

A relationship where a listing broker authorizes other brokers to act as agents of the seller, extending the seller's agency relationship to cooperating brokers.

A non-agency relationship where the broker facilitates a real estate transaction without representing either party, owing limited duties of honesty, fairness, and competence to both.

The legal principle that holds a broker responsible for the actions of their agents and employees performed within the scope of the agency relationship.

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